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No. An employer can not pay an employee half time unless the following requirements are met: 1. the employee's hours must fluctuate from week to week;

2. the employee must be salaried and be paid the same each week regardless of the number of hours that the employee works during the week;

3. the fixed amount must be sufficient to provide compensation at a regular rate not less than the legal minimum wage.

4. the employer and the employee must have a clear, mutual understanding that the employer will pay the employee the fixed weekly salary regardless of the hours worked; and

5. the employee must receive a fifty percent overtime premium in addition to the fixed weekly salary for all hours that the employee works in excess of forty during that week. If the employers often do not follow all of the requirements of this method and their employees are still owed time and one-half for all hours worked over 40 hours.

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17y ago

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